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Leachman Cattle of Colorado et. al. v. American Semmital Association et. al.

Leachman Cattle of Colorado et. al. v. American Semmital Association et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-01040: Leachman Cattle of Colorado, LLC et. al. v. American Semmital Association et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-laed for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-01040: Leachman Cattle of Colorado, LLC et. al. v. American Semmital Association et. al. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-laed for more info.

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Published by: PriorSmart on Apr 12, 2014
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04/27/2014

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 22INTHE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No. _____________________ LEACHMAN CATTLE OF COLORADO,LLC, a Colorado Limited LiabilityCorporation, and VERIFIED BEEF, LLC, aMontana Limited Liability Corporation,Plaintiffs,v.AMERICAN SIMMENTAL ASSOCIATION,a Montana Association, WADE R. SHAFER,individually, WILL TOWNSEND,individually,Defendants.
COMPLAINT AND REQUEST FOR PRELIMINARY INJUNCTION
Plaintiffs, Leachman Cattle of Colorado, LLC (“Leachman Cattle”) and Verified Beef,LLC (“Verified Beef”) (collectively “Plaintiffs”), file this Original Complaint and Request for Preliminary Injunction against Defendants American Simmental Association (“ASA”), Dr. WadeR. Shafer, individually, and Mr. Will Townsend, individually (collectively “Defendants”).
I. PARTIES
1. Plaintiff, Leachman Cattle of Colorado, LLC is a Colorado limited liabilitycompany with its principal place of business at 5100 ECR 70, Wellington, Colorado 80549.2. Plaintiff, Verified Beef, LLC is a Montana limited liability company with its principal place of business at 209 S. 19th Ave., Suite 3, Bozeman, Montana 59718.
 
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3. Upon information and belief, Defendant, American Simmental Association is aMontana mutual benefit corporation with its principal place of business at 1 Simmental Way,Bozeman, Montana 59715-9733.4. Upon information and belief, Defendant, Dr. Wade R. Shafer, is an individualresiding at 3944 Baxter Lane, Unit 6, Bozeman, Montana 59718-8072.5. Upon information and belief, Defendant, Mr. Will Townsend, is an individualresiding at 503 W. Olive Street, Bozeman, MT 59715-4549.
II. JURISDICTION ANDVENUE
6. This Court has personal jurisdiction because Defendants have maintainedcontinuous and systematic business activities in the State of Colorado. This Court has personal jurisdiction because Defendants have committed, and continue to commit, in this judicial districtcertain acts that breach a non-disclosure agreement between Defendants and Verified Beef, andacts of tortious interference with business relations of the Plaintiffs. Furthermore, Defendantshave purposefully directed their activities at the residents of Colorado, and have committed andcontinue to commit, or have contributed and continue to contribute to, acts of patentinfringement in this judicial district as alleged in this Complaint.7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338(a), in that the cause of action for patent infringement arises under the patent laws of theUnited States, 35 U.S.C. §§ 271 and 281-285, and the cause for Lanham Act violation arisesunder 15 U.S.C. § 1125 (a).8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and1400(b).
 
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 22III. FACTUAL BACKGROUND
9. Plaintiffs, Leachman Cattle and Verified Beef, pioneered the concept of determining the relative economic value of a group of existing commercial calves and reportingthat value to the owners and potential buyers of that group. Prior to Plaintiffs’ inventions,economic selection indices predicted the value of a potential breeding animal’s offspring. Bycontrast, the Plaintiffs’ proprietary information and patented method and systems estimate thevalue of an existing group of animals. Plaintiffs have invested a tremendous amount of time,resources, and capital in developing and refining this proprietary technology, and have developedcommercial products embodying this invention, including the Reputation Feeder Cattle
®
andGenetic Merit Scorecard
®
 programs (collectively “Programs”). Plaintiffs have an issued U.S.Patent and several pending patent applications covering aspects of this technology.10. Early last year, starting on or about March 19, 2013, Plaintiffs distributed severalintroductory press releases and marketing materials regarding their Programs. These materials,while not providing detailed content, invited ranchers, feed yards, and buyers in the cattleindustry to contact the Plaintiffs for further information.
 See
 Declaration of Tim J. Watts(“Watts Decl.”), attached hereto as Exhibit A.
 Also
 s
ee
 Affidavit of Leland Leachman(“Leachman Aff.”), attached hereto as Exhibit B.11. On or about April 12, 2013, Plaintiffs and Defendants had an introductorymeeting regarding the Plaintiffs’ Programs. Only publicly available information was shared withthe Defendants at this meeting. Watts Decl. ¶7. Defendants acknowledged that they had performed some work on a program but had shelved the project. Plaintiffs refused to share any

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